Chapter 4

Question 1

Define a wrongful act.

Answer 1

A legally reprehensible or unreasonable conduct.

Question 2

What is the criminal law equivalent to wrongfulness?

Answer 2

Unlawfulness.

Question 3

Define wrongfulness.

Answer 3

This is a wrongful act (conduct that is legally reprehensible or unreasonable) that causes damage.

Question 4

What are the two important questions when investigating wrongfulness?

Answer 4

1. Is the perpetrators conduct, in fact, the cause of the harmful result to another?
2. Did the harm occur in a legally reprehensible or unreasonable way?

Question 5

What is the important exception to the requirement that the perpetrators conduct did in fact cause the harm to another?

Answer 5

The exception is an interdict. Here the wrongfulness is determined with reference to conduct that has not yet caused harm, the applicant is attempting to prevent the harm from occurring.

Question 6

X plants a bomb in a busy shop. Before the bomb can explode and cause damage, it is discovered and rendered harmless. Is X’s conduct delictually wrongful? Explain.

Answer 6

When investigating wrongfulness there are 2 questions that must be answered;
1. Whether the perpetrators conduct is the cause of the harm to another..?
2. Was the harm caused in a legally reprehensible or unreasonable way..?
In terms of our case, X did not cause any harm as the bomb was discovered and diffused before any harm could be caused. In the sense X cannot be held delictually liable.

Question 7

Which important wrongfulness principle is exemplified by the Pinchin v Santam case?

Answer 7

1. An act and its consequence are always separated by time and space.